36. (1) Subject to subsection (2), an explosive actuated fastening tool shall, (a) have a firing mechanism that will prevent the tool from being fired, (i) while being loaded, (ii) during preparation for firing, or (iii) if dropped; (b) be capable of being operated only when the muzzle end is held against a working surface with a force of at least twenty-two newtons greater than the weight of the tool; (c) if required to be dismantled into separate parts for loading, be capable of being operated only when the separate parts are firmly locked together; (d) be capable of being fired only after two separate and distinct actions have been carried out by the operator, with the firing movement separate from the operation of bringing the tool into the firing position; (e) be used only when equipped with a protective guard or shield, (i) suitable for the particular fastening operation being performed, (ii) mounted at right angles to the barrel, (iii) at least seventy-five millimetres in diameter, and (iv) placed in a central position on the muzzle end of the tool except where the fastener is intended to be driven into a surface at a point within thirty-eight millimetres of another surface that is at an angle to the surface into which the fastener is intended to be driven; (f) be capable of being operated when the guard prescribed by clause (e) is placed in the central position only when the bearing surface of the guard is tilted not more than eight degrees from the working surface; (g) when not in use, be stored in a locked container; (h) not be left unattended where it may be available to a person other than a worker having the qualifications set out in subclause (k) (i); (i) whether loaded or unloaded, not be pointed directly at any person; (j) not be loaded unless it is being prepared for immediate use; (k) be used only, (i) by a worker who has been instructed in the proper and safe manner of its use by the manufacturer or the manufacturer’s authorized and qualified agent, (ii) by a worker wearing both head protection and eye protection, (iii) after it has been inspected by the worker referred to in subclause (i) to ensure that, (A) the tool is clean, (B) all moving parts operate freely, (C) the barrel is free from any obstruction, (D) the tool is adequately equipped for the intended use, and (E) it is not defective, (iv) in accordance with the instructions of the manufacturer, (v) with an explosive load of a strength adequate to perform the intended work without excessive force, and (vi) to drive a stud or other fastener suitable for insertion in the tool; and (l) not be used in an atmosphere containing flammable vapours, gases or dusts.  R.R.O. 1990, Reg. 851, s. 36 (1). (2) Clauses (1) (e) and (f) do not apply to an explosive actuated fastening tool if the velocity of the stud or other fastener does not exceed ninety metres per second measured at a distance of two metres from the muzzle end of the tool when propelled by the maximum commercially available explosive load that the tool is chambered to accept.  R.R.O. 1990, Reg. 851, s. 36 (2). (3) A misfired cartridge that has been removed from an explosive actuated fastening tool shall be placed in a water filled container until the cartridge may be properly disposed of after its safe removal from the industrial establishment.  R.R.O. 1990, Reg. 851, s. 36 (3).